Synopsis: Teacher evaluations and licensing. Eliminates the advisory
board of the division of professional standards of the department of
education. Provides that not more than 50% of the teachers in a charter
school are not required to be licensed as teachers, or be in the process
of obtaining a license (unless the state board of education waives the
limitation). Requires the department of education to revoke the license
of a licensed school employee if the employee is convicted in another
state or under federal statutes of an offense that is comparable to the
felonies for which the employee's license would be revoked if
committed in Indiana. Establishes an annual staff performance
evaluation that categorizes teachers as highly effective, effective,
improvement necessary, or ineffective. Specifies that a teacher rated
ineffective or improvement necessary may not receive a raise or
increment for the following year. Repeals references to the advisory
board and the existing staff performance evaluation provisions, and
makes corresponding changes to related sections.

Effective: July 1, 2011.

Kruse

January 20, 2011, read first time and referred to Committee on Education and Career
Development.

Introduced

First Regular Session 117th General Assembly (2011)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in thisstyletype.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or thisstyletype reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.

SENATE BILL No. 1

A BILL FOR AN ACT to amend the Indiana Code concerning
education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 11-10-5-2; (11)IN0001.1.1. -->
SECTION 1. IC 11-10-5-2, AS AMENDED BY P.L.246-2005,
SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. The advisoryboardofthedivisionofprofessionalstandardsofthedepartmentofeducationestablishedbyIC20-28-2-2 state board of education shall, in accord with
IC 20-28-4 and IC 20-28-5, adopt rules under IC 4-22-2 for the
licensing of teachers to be employed by the department.

SOURCE: IC 11-10-5-3; (11)IN0001.1.2. -->
SECTION 2. IC 11-10-5-3, AS AMENDED BY P.L.246-2005,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. Limited certificates valid for one (1) year may
be granted, upon the request of the commissioner, according to rules of
the advisoryboardofthedivisionofprofessionalstandardsofthedepartmentofeducationestablishedbyIC20-28-2-2. state board of
education. Modification of these rules may be made by the advisoryboardofthedivisionofprofessionalstandardsofthedepartmentofeducationestablishedbyIC20-28-2-2 state board of education in a
way reasonably calculated to make available an adequate supply of

qualified teachers. A limited certificate may be issued in cases where
special education and qualifications warrant the waiver of part of the
prerequisite professional education required for certification to teach
in the public schools. The limited certificate, however, may be issued
only to applicants who have graduated from an accredited college or
university. Teachers of vocational education need not be graduates of
an accredited college or university but shall meet requirements for
conditional vocational certificates as determined by the department of
education.

SOURCE: IC 20-18-2-16; (11)IN0001.1.3. -->
SECTION 3. IC 20-18-2-16, AS AMENDED BY P.L.2-2006,
SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 16. (a) "School corporation", for purposes of this
title (except IC 20-20-33, IC 20-26-1 through IC 20-26-5, IC 20-26-7,
IC 20-30-8, and IC 20-43), means a public school corporation
established by Indiana law. The term includes a:
(1) school city;
(2) school town;
(3) school township;
(4) consolidated school corporation;
(5) metropolitan school district;
(6) township school corporation;
(7) county school corporation;
(8) united school corporation; or
(9) community school corporation.
(b) "School corporation", for purposes of IC 20-26-1 through
IC 20-26-5 and IC 20-26-7, has the meaning set forth in IC 20-26-2-4.
(c) "School corporation", for purposes of IC 20-20-33 and
IC 20-30-8, includes a charter school (as defined in IC 20-24-1-4).
(d) "School corporation", for purposes of IC 20-43, has the meaning
set forth in IC 20-43-1-23. (e) "School corporation", for purposes of IC 20-28-11.5, has the
meaning set forth in IC 20-28-11.5.-3.

SOURCE: IC 20-18-2-22; (11)IN0001.1.4. -->
SECTION 4. IC 20-18-2-22, AS ADDED BY P.L.246-2005,
SECTION 126, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 22. (a) "Teacher" means a
professional person whose position in a school corporation requires
certain educational preparation and licensing and whose primary
responsibility is the instruction of students.(b)ForpurposesofIC20-28,thetermincludesthefollowing:(1)Asuperintendent.(2)Asupervisor.(3)Aprincipal.(4)Anattendanceofficer.(5)Ateacher.(6)Alibrarian.

SOURCE: IC 20-19-2-8; (11)IN0001.1.5. -->
SECTION 5. IC 20-19-2-8, AS AMENDED BY P.L.101-2009,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) In addition to any other powers and duties
prescribed by law, the state board shall adopt rules under IC 4-22-2
concerning, but not limited to, the following matters:
(1) The designation and employment of the employees and
consultants necessary for the department. The state board shall fix
the compensation of employees of the department, subject to the
approval of the budget committee and the governor under
IC 4-12-2.
(2) The establishment and maintenance of standards and
guidelines for media centers, libraries, instructional materials
centers, or any other area or system of areas in a school where a
full range of information sources, associated equipment, and
services from professional media staff are accessible to the school
community. With regard to library automation systems, the state
board may only adopt rules that meet the standards established by
the state library board for library automation systems under
IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student
personnel and guidance services.
(4) The establishment and maintenance of minimum standards for
driver education programs (including classroom instruction and
practice driving) and equipment. Classroom instruction standards
established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor
program;
and must provide, effective July 1, 2010, that the classroom
instruction may not be provided to a child less than fifteen (15)
years and one hundred eighty (180) days of age.
(5) The inspection of all public schools in Indiana to determine
the condition of the schools. The state board shall establish
standards governing the accreditation of public schools.
Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;(D)IC20-28-9-7andIC20-28-9-8;(E)IC20-28-11; (D) IC 20-28-11.5; and(F) (E) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, and
IC 20-32-8;
is a prerequisite to the accreditation of a school. Local public
school officials shall make the reports required of them and
otherwise cooperate with the state board regarding required
inspections. Nonpublic schools may also request the inspection
for classification purposes. Compliance with the building and site
guidelines adopted by the state board is not a prerequisite of
accreditation.
(6) Subject to section 9 of this chapter, the adoption and approval
of textbooks under IC 20-20-5.
(7) The distribution of funds and revenues appropriated for the
support of schools in the state.
(8) The state board may not establish an accreditation system for
nonpublic schools that is less stringent than the accreditation
system for public schools.
(9) A separate system for recognizing nonpublic schools under
IC 20-19-2-10. Recognition of nonpublic schools under this
subdivision constitutes the system of regulatory standards that
apply to nonpublic schools that seek to qualify for the system of
recognition.
(10) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
cheerleading activities. (11) Subject to IC 20-28-2, the preparation and licensing of
teachers.
(b) Before final adoption of any rule, the state board shall make a
finding on the estimated fiscal impact that the rule will have on school
corporations.

SOURCE: IC 20-20-31-10; (11)IN0001.1.6. -->
SECTION 6. IC 20-20-31-10, AS ADDED BY P.L.246-2005,
SECTION 128, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. The state board shall approve
an evaluation system for professional development based on
recommendations from the department. andtheadvisoryboardofthedivisionofprofessionalstandardsestablishedbyIC20-28-2-2. The
department shall develop a means for measuring successful programs
and activities in which schools participate. The measurements must
include the following:
(1) A mechanism to identify and develop strategies to collect
multiple forms of data that reflect the achievement of expectations
for all students. The data may include the results of ISTEP

program tests under IC 20-31-3, IC 20-32-4, IC 20-32-5, and
IC 20-32-6, local tests, classroom work, and teacher and
administrator observations.
(2) A procedure for using collected data to make decisions.
(3) A method of evaluation in terms of educator's practice and
student learning, including standards for effective teaching and
effective professional development.

SOURCE: IC 20-24-6-5; (11)IN0001.1.7. -->
SECTION 7. IC 20-24-6-5, AS ADDED BY P.L.1-2005, SECTION
8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 5. (a) An individual who teaches in a charter school must:
either:
(1) hold a license to teach in a public school in Indiana under
IC 20-28-5; or
(2) be in the process of obtaining a license to teach in a public
school in Indiana under the transition to teaching program
established by IC 20-28-4-2; or
(3) hold at least a bachelor's degree with a grade point
average of at least three (3.0) on a four (4.0) point scale from
an accredited postsecondary educational institution in the
content or related area in which the individual teaches. Not
more than fifty percent (50%) of a charter school's teachers
may be employed under this subdivision unless a charter
school requests and the state board approves a waiver of this
provision.
(b) An individual described in subsection (a)(2) must complete the
transition to teaching program not later than three (3) years after
beginning to teach at a charter school.
(c) An individual who provides to students in a charter school a
service:
(1) that is not teaching; and
(2) for which a license is required under Indiana law;
must have the appropriate license to provide the service in Indiana.

SOURCE: IC 20-24-8-4; (11)IN0001.1.8. -->
SECTION 8. IC 20-24-8-4, AS ADDED BY P.L.246-2005,
SECTION 130, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4. Except as specifically provided
in this article and the statutes listed in section 5 of this chapter, the
following do not apply to a charter school:
(1) An Indiana statute applicable to a governing body or school
corporation.
(2) A rule or guideline adopted by the state board.
(3) A rule or guideline adopted by the advisory state board ofthedivisionofprofessionalstandardsestablishedbyIC20-28-2-2,

concerning teachers, except for those rules that assist a teacher
in gaining or renewing a standard or advanced license.
(4) A local regulation or policy adopted by a school corporation
unless specifically incorporated in the charter.

SOURCE: IC 20-25-16-1; (11)IN0001.1.9. -->
SECTION 9. IC 20-25-16-1, AS AMENDED BY P.L.2-2006,
SECTION 116, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1. To provide the board with the
necessary flexibility and resources to carry out this article, the
following apply:
(1) The board may:
(A) eliminate or modify existing policies;
(B) create new policies; and
(C) alter policies;
subject to this article and the plan developed under IC 20-25-10.
(2) IC 20-29 applies to the school city. exceptfortheprovisionofIC20-29-6-7(a)thatrequiresanyitemsincludedinthe1972-1973agreementsbetweenanemployerschoolcorporationandanemployeeorganizationtocontinuetobebargainable.
(3) The board may waive the following statutes and rules for any
school in the school city without administrative, regulatory, or
legislative approval:
(A) The following rules concerning curriculum and
instructional time:511 IAC 6.1-3-4
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4.
(B) 511 IAC 6.1-4-1 concerning student/teacher ratios.
(C) The following statutes and rules concerning textbooks and
rules adopted under the statutes:
IC 20-20-5-1 through IC 20-20-5-4
IC 20-20-5-23
IC 20-26-12-1
IC 20-26-12-2
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-28
511 IAC 6.1-5-5.
(D) 511 IAC 6.1-4-2 concerning school principals.
(4) Notwithstanding any other law, a school city may do the

following:
(A) Lease school transportation equipment to others for
nonschool use when the equipment is not in use for a school
city purpose.
(B) Establish a professional development and technology fund
to be used for:
(i) professional development; or
(ii) technology, including video distance learning.
(C) Transfer funds obtained from sources other than state or
local government taxation to any account of the school
corporation, including a professional development and
technology fund established under clause (B).
(5) Transfer funds obtained from property taxation to the general
fund and the school transportation fund, subject to the following:
(A) The sum of the property tax rates for the general fund and
the school transportation fund after a transfer occurs under this
subdivision may not exceed the sum of the property tax rates
for the general fund and the school transportation fund before
a transfer occurs under this subdivision.
(B) This subdivision does not allow a school corporation to
transfer to any other fund money from the debt service fund.

SOURCE: IC 20-26-4-8; (11)IN0001.1.10. -->
SECTION 10. IC 20-26-4-8, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) Notwithstanding any other law, the
president and secretary of the governing body of a school corporation
are entitled, on behalf of the school corporation, to sign any contract
includingemploymentcontractsandcontracts for goods and services
and the superintendent's employment contract. However, each
contract must be approved by a majority of all members of the
governing body. In the absence of either the president or secretary of
the governing body, the vice president is entitled to sign the contracts
with the officer who is present. (b) Except as provided in IC 20-28-7, this section may not be
construed as providing the governing body the authority to cancel
a teacher's or principal's contract.

SOURCE: IC 20-26-5-4; (11)IN0001.1.11. -->
SECTION 11. IC 20-26-5-4, AS AMENDED BY P.L.182-2009(ss),
SECTION 316, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4. In carrying out the school
purposes of a school corporation, the governing body acting on the
school corporation's behalf has the following specific powers:
(1) In the name of the school corporation, to sue and be sued and
to enter into contracts in matters permitted by applicable law.
(2) To take charge of, manage, and conduct the educational affairs
of the school corporation and to establish, locate, and provide the
necessary schools, school libraries, other libraries where
permitted by law, other buildings, facilities, property, and
equipment.
(3) To appropriate from the school corporation's general fund an
amount, not to exceed the greater of three thousand dollars
($3,000) per budget year or one dollar ($1) per pupil, not to
exceed twelve thousand five hundred dollars ($12,500), based on
the school corporation's previous year's ADM, to promote the best
interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job
applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract for
construction, erection, or maintenance of real estate, real estate
improvements, or an interest in real estate or real estate
improvements, as the governing body considers necessary for
school purposes, including buildings, parts of buildings,
additions to buildings, rooms, gymnasiums, auditoriums,
playgrounds, playing and athletic fields, facilities for physical
training, buildings for administrative, office, warehouse, repair
activities, or housing school owned buses, landscaping, walks,
drives, parking areas, roadways, easements and facilities for
power, sewer, water, roadway, access, storm and surface
water, drinking water, gas, electricity, other utilities and
similar purposes, by purchase, either outright for cash (or
under conditional sales or purchase money contracts providing
for a retention of a security interest by the seller until payment
is made or by notes where the contract, security retention, or
note is permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option to
purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract as
described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment, apparatus,
appliances, books, furniture, and supplies, either by cash purchase
or under conditional sales or purchase money contracts providing
for a security interest by the seller until payment is made or by
notes where the contract, security, retention, or note is permitted
by applicable law, by gift, by devise, by loan, or by lease with or
without option to purchase and to repair, remodel, remove,
relocate, and demolish the personal property. All purchases and
contracts specified under the powers authorized under subdivision
(4) and this subdivision are subject solely to applicable law
relating to purchases and contracting by municipal corporations
in general and to the supervisory control of state agencies as
provided in section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in real
or personal property that, in the opinion of the governing body, is
not necessary for school purposes, in accordance with IC 20-26-7,
to demolish or otherwise dispose of the property if, in the opinion
of the governing body, the property is not necessary for school
purposes and is worthless, and to pay the expenses for the
demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the school
day, or both, and during periods when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if payment for the property subject to a long term lease
is made from money in the school corporation's debt service fund,
all proceeds from the long term lease must be deposited in the

school corporation's debt service fund so long as payment for the
property has not been made. The governing body may, at the
governing body's option, use the procedure specified in
IC 36-1-11-10 in leasing property under this subdivision.
(8) To:
(A) Employ, contract for, and discharge superintendents,
supervisors,principals,teachers,librarians,athleticcoaches(whetherornottheyareotherwiseemployedbytheschoolcorporationandwhetherornottheyarelicensedunderIC20-28-5),businessmanagers,superintendentsofbuildingsandgrounds,janitors, engineers, architects, physicians,dentists,nurses, accountants, teacheraidesperformingnoninstructionalduties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons and
services described in this subdivision that are consistent with
IC 20-28-9-1.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation that are
consistent with IC 20-28-9-1.
(D) Determine the number of the persons or the amount of the
services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and discharge
of teachers. The compensation, terms of employment, and
discharge of bus drivers are subject to and governed by laws
relating to employment, contracting, compensation, and discharge
of bus drivers. The forms and procedures relating to the use of
computer and data processing equipment in handling the financial
affairs of the school corporation must be submitted to the state
board of accounts for approval so that the services are used by the
school corporation when the governing body determines that it is

in the best interest of the school corporation while at the same
time providing reasonable accountability for the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit the
employee to be absent in connection with the trip without any loss
in pay and to reimburse the employee or the member the
employee's or member's reasonable lodging and meal expenses
and necessary transportation expenses. To pay teaching personnel
for time spent in sponsoring and working with school related trips
or activities.
(10) To transport children to and from school, when in the
opinion of the governing body the transportation is necessary,
including considerations for the safety of the children and without
regard to the distance the children live from the school. The
transportation must be otherwise in accordance with applicable
law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate the
lunch program, and the purchase of material and supplies for the
lunch program, charging students for the operational costs of the
lunch program, fixing the price per meal or per food item. To
operate the lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in a
surplus commodity or lunch aid program.
(12) To purchase textbooks, to furnish textbooks without cost or
to rent textbooks to students, to participate in a textbook aid
program, all in accordance with applicable law.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school

corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. To:
(A) participate in a state employee health plan under
IC 5-10-8-6.6 or IC 5-10-8-6.7;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident,
sickness, health, or dental coverage, provided that a plan of
self-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state, the federal government, or from any other
source.
(17) To defend a member of the governing body or any employee
of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by resolution determined that the action was taken in good faith.
To save any member or employee harmless from any liability,
cost, or damage in connection with the performance, including the
payment of legal fees, except where the liability, cost, or damage
is predicated on or arises out of the bad faith of the member or
employee, or is a claim or judgment based on the member's or
employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures:
(A) for the government and management of the schools,

property, facilities, and activities of the school corporation, the
school corporation's agents, employees, and pupils and for the
operation of the governing body; and
(B) that may be designated by an appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of the
governing body, an officer of the governing body, or an employee
of the school corporation after the action is taken, if the action
could have been approved in advance, and in connection with the
action to pay the expense or compensation permitted under
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or educational
standpoint in carrying out school purposes of the school
corporation, including the acquisition of property or the
employment or contracting for services, even though the power or
expenditure is not specifically set out in this chapter. The specific
powers set out in this section do not limit the general grant of
powers provided in this chapter except where a limitation is set
out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
and IC 20-48-1 by specific language or by reference to other law.

SOURCE: IC 20-26-5-4.5; (11)IN0001.1.12. -->
SECTION 12. IC 20-26-5-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4.5. (a) The superintendent is
responsible for hiring and discharging principals, central office
administrators, business managers, superintendents of building
and grounds, janitors, physicians, dentists, nurses, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-28-5), and any other employees necessary to the operation of
the school corporation.
(b) Subject to IC 20-28-7, a principal is responsible for hiring
and discharging teachers, teachers aides, assistant principals,
building administrators, librarians, and any other employees
necessary to the operation of the school.
(c) The governing body shall provide contracting authority on
behalf of the school corporation to a superintendent or principal
under this section and a collective bargaining agreement entered
into under IC 20-29-6. The governing body either shall execute the

employment contracts designated by the superintendent or
principal, or may authorize the superintendent to execute
employment contracts on behalf of the governing body.

SOURCE: IC 20-28-2-6; (11)IN0001.1.13. -->
SECTION 13. IC 20-28-2-6, AS AMENDED BY P.L.30-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. (a) Subject to subsection (c) and in addition to
the powers and duties set forth in IC 20-20-22 or this article, the
advisory state board may adopt rules under IC 4-22-2 to do the
following:
(1) Set standards for teacher licensing and for the administration
of a professional licensing and certification process by the
department.
(2) Approve or disapprove teacher preparation programs.
(3) Set fees to be charged in connection with teacher licensing.
(4) Suspend, revoke, or reinstate teacher licenses.
(5) Enter into agreements with other states to acquire reciprocal
approval of teacher preparation programs.
(6) Set standards for teacher licensing concerning new subjects of
study.
(7) Evaluate work experience and military service concerning
postsecondary education and experience equivalency.
(8) Perform any other action that:
(A) relates to the improvement of instruction in the public
schools through teacher education and professional
development through continuing education; and
(B) attracts qualified candidates for teacher education from
among the high school graduates of Indiana.
(9) Set standards for endorsement of school psychologists as
independent practice school psychologists under IC 20-28-12.
(10) Before July 1, 2011, set standards for sign language
interpreters who provide services to children with disabilities in
an educational setting and an enforcement mechanism for the
interpreter standards.
(b) Notwithstanding subsection (a)(1), an individual is entitled to
one (1) year of occupational experience for purposes of obtaining an
occupational specialist certificate under this article for each year the
individual holds a license under IC 25-8-6.(c)BeforepublishingnoticeoftheintenttoadoptaruleunderIC4-22-2,theadvisoryboardmustsubmittheproposedruletothestatesuperintendentforapproval.Ifthestatesuperintendentapprovestherule,theadvisoryboardmaypublishnoticeoftheintenttoadopttherule.Ifthestatesuperintendentdoesnotapprovetherule,the

advisoryboardmaynotpublishnoticeoftheintenttoadopttherule.(d) (c) The advisory state board may adopt rules under IC 4-22-2,
including emergency rules under IC 4-22-2-37.1, to establish
procedures to expedite the issuance, renewal, or reinstatement under
this article of a license or certificate of a person whose spouse serves
on active duty (as defined in IC 25-1-12-2) and is assigned to a duty
station in Indiana. BeforepublishingnoticeoftheintenttoadoptapermanentruleunderIC4-22-2,theadvisoryboardmustcomplywithsubsection(c). (d) The state board shall adopt rules not later than July 1, 2012,
concerning the impact of the teacher evaluation under
IC 20-28-11.5 on the department's issuance, renewal, or
reinstatement of a license under this article. Rules adopted under
this subsection:
(1) may not conflict with IC 20-28-6 and IC 20-28-7
concerning the impact of the evaluation on a certificated
employee's status as a probationary, professional, or
established teacher; and
(2) must require an employee who receives a rating of
ineffective or improvement necessary to use renewal credits
in a manner that aligns with the results of the employee's
evaluation under IC 20-28-11.5-3.

SOURCE: IC 20-28-2-8; (11)IN0001.1.14. -->
SECTION 14. IC 20-28-2-8, AS ADDED BY P.L.246-2005,
SECTION 144, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8. (a) The department may, subject
to approval by the budget agency, do the following to administer the
responsibilities of the department describedinsection2of under this
chapter:
(1) Establish advisory committees the department determines
necessary.
(2) Expend funds made available to the department according to
policies established by the budget agency.
(b) The department shall comply with the requirements for
submitting a budget request to the budget agency as set forth in
IC 4-12-1, for funds to administer the responsibilities of the department
described in section 1 of this chapter.

SOURCE: IC 20-28-4-4; (11)IN0001.1.15. -->
SECTION 15. IC 20-28-4-4, AS AMENDED BY P.L.2-2007,
SECTION 215, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4. EachaccreditedteachereducationschoolanddepartmentinIndianashall An entity approved
by the department may establish a course of study that constitutesthepostsecondaryeducationcomponentoftheprogram.Thepostsecondary

educationcomponentrequired meets the requirements of this
section. A program approved under this section must comply with the
following requirements:
(1) Include the following study requirements:
(A) For a program participant who seeks to obtain a license to
teach in grades 6 7 through 12, up to eighteen (18) credit hours
of study or the equivalentthat: (i) prepare a program participant to meet Indiana standards
for teaching in the subject areas corresponding to the area in
which the program participant has met the education
requirements under section 5 of this chapter, unless the
program participant demonstrates that the program
participant requires fewer credit hours of study to meet
Indiana standards for teaching; and
(ii) provides the program participants with instruction in
scientifically based reading instruction.
(B) For a program participant who seeks to obtain a license to
teach in kindergarten through grade 5, 6, twenty-four (24)
credit hours of study or the equivalent, which must include at
least six (6) credit hours in teaching scientifically based
reading instruction, that prepare a program participant to
meet Indiana standards for teaching, unless the program
participant demonstrates that the program participant requires
fewer credit hours of study to meet Indiana standards for
teaching.
(2) Focus on thecommunicationofknowledgetostudents. student mastery of standards established by the state.
(3) Include suitable field or classroom experiences if the program
participant does not have teaching experience.

SOURCE: IC 20-28-4-5; (11)IN0001.1.16. -->
SECTION 16. IC 20-28-4-5, AS AMENDED BY P.L.2-2007,
SECTION 216, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5. An individual who wishes to
participate in the program must have one (1) of the following
qualifications:
(1) For a program participant who seeks to obtain a license to
teach in grades 6 7 through 12, one (1) of the following:
(A) A bachelor's degree or the equivalent with a grade point
average of at least three (3.0) on a four (4.0) point scale from
an accredited postsecondary educational institution in the
subject area that the individual intends to teach.
(B) A graduate degree from an accredited postsecondary
educational institution in the subject area that the individual

intends to teach.
(C) Both:
(i) a bachelor's degree from an accredited postsecondary
educational institution with a grade point average of at least
two and five-tenths (2.5) on a four (4.0) point scale; and
(ii) five (5) years professional experience;
in the subject or a related area that the individual intends to
teach.
(2) For a program participant who seeks to obtain a license to
teach in kindergarten through grade 5, 6, one (1) of the following:
(A) A bachelor's degree or the equivalent with a grade point
average of at least three (3.0) on a four (4.0) point scale from
an accredited institution of higher education.
(B) Both:
(i) a bachelor's degree from an accredited postsecondary
educational institution with a grade point average of at least
two and five-tenths (2.5) on a four (4.0) point scale; and
(ii) five (5) years professional experience in an education
related field, as determined by the department.

SOURCE: IC 20-28-4-6; (11)IN0001.1.17. -->
SECTION 17. IC 20-28-4-6, AS AMENDED BY P.L.2-2007,
SECTION 217, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6. The department shall grant an
initial standard practitioner license to a program participant who does
the following:
(1) Successfully completes the postsecondaryeducationcomponent requirements of the program.
(2) Demonstrates proficiency through a written examination in:
(A) basic reading, writing, and mathematics;
(B) pedagogy; and
(C) knowledge of the areas in which the program participant
is required to have a license to teach;
under IC 20-28-5-12(b).
(3) Participates successfully in a beginning teacher internship residency program underIC20-6.1-8(repealed) that includes
implementation in a classroom of the teaching skills learned in the
postsecondaryeducationcomponentofthe program.
(4) Receives a successful assessment of teaching skills upon
completion of the beginning teacher internship residency
program under subdivision (3) from the administrator of the
school where the beginning teacher internship residency program
takes place, or, if the program participant does not receive a
successful assessment, continues participating in the beginning

teacher internship residency program.

SOURCE: IC 20-28-4-7; (11)IN0001.1.18. -->
SECTION 18. IC 20-28-4-7, AS ADDED BY P.L.246-2005,
SECTION 153, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 7. This section applies to a program
participant who has a degree or related experience described in
section 5 of this chapter that does not include all the content areas of
a standard proficient practitioner license issued by the department.
The department shall issue an initial standard practitioner license that
is restricted to only the content areas in which the program participant
has a degree unless the program participant demonstrates sufficient
knowledge in other content areas of the license.

SOURCE: IC 20-28-4-9; (11)IN0001.1.19. -->
SECTION 19. IC 20-28-4-9, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 9. After receiving an initial standard practitioner
license under section 6 or 7 of this chapter, a program participant who
seeks to renew the participant's initial standard practitioner license
must meet the same requirements for license renewal as other
candidates for license renewal.

SOURCE: IC 20-28-4-10; (11)IN0001.1.20. -->
SECTION 20. IC 20-28-4-10, AS ADDED BY P.L.246-2005,
SECTION 154, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. (a) The advisory state board
may adopt rules under IC 4-22-2 to administer this chapter.
(b) Rules adopted under this section must include a requirement that
accreditedteachereducationschoolsanddepartmentsinIndiana entities approved to offer the program submit an annual report to the
department of the number of individuals who:
(1) enroll in; and
(2) complete;
the program.

SOURCE: IC 20-28-4-11; (11)IN0001.1.21. -->
SECTION 21. IC 20-28-4-11, AS AMENDED BY P.L.121-2009,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 11. (a) This section applies only to:
(1) a school corporation; or
(2) a subject area;
that is designated by the state board as having an insufficient supply of
licensed teachers.
(b) The governing body of a school corporation or the appointing
authority of an accredited nonpublic school may employ a program
participant if the program participant is hired to teach in a subject area
or a school corporation to which this section applies.
(c) Before employing a program participant under subsection (b),
the superintendent of the school corporation must make a

determination that one (1) of the following conditions exists:
(1) There is no fully certified and highly qualified effective
teacher available for the position.
(2) The program participant is the best qualified candidate for the
position.
(d) A program participant who is employed under this section is
eligible to receive a transition to teaching permit. The transition to
teaching permit is valid for three (3) years, and may not be renewed.
(e) A program participant who is employed under this section:
(1) shall enter into either:
(A) a regular teacher's contract under IC 20-28-6-5; or
(B) a temporary teacher's contract under IC 20-28-6-6, if
replacing a teacher on a leave of absence;
(2) is eligible to participate in a mentor teacher program; and
(3) satisfies the field or classroom experience component of the
program under section 4(3) of this chapter.
(f) The state board:
(1) shall review; and
(2) may renew;
the designation of a school corporation or a subject area as having an
insufficient supply of licensed teachers not more than two (2) years
following the initial designation under subsection (a).

SOURCE: IC 20-28-5-2; (11)IN0001.1.22. -->
SECTION 22. IC 20-28-5-2, AS ADDED BY P.L.246-2005,
SECTION 156, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. The advisory state board may
adopt rules for:
(1) the issuance of a substitute teacher's license; and
(2) the employment of substitute teacher licensees.
An individual may not serve as a substitute teacher without a license
issued by the department.

SOURCE: IC 20-28-5-3; (11)IN0001.1.23. -->
SECTION 23. IC 20-28-5-3, AS AMENDED BY P.L.75-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) The department shall designate(1) the grade point average required for each type of license. and(2)thetypesoflicensestowhichtheteachers'minimumsalarylawsapply,includingnonrenewableone(1)yearlimitedlicenses.
(b) The department shall determine details of licensing not provided
in this chapter, including requirements regarding the following:
(1) The conversion of one (1) type of license into another.
(2) The accreditation of teacher education schools and
departments.
(3) The exchange and renewal of licenses.
(4) The endorsement of another state's license.
(5) The acceptance of credentials from teacher education
institutions of another state.
(6) The academic and professional preparation for each type of
license.
(7) The granting of permission to teach a high school subject area
related to the subject area for which the teacher holds a license.
(8) The issuance of licenses on credentials.
(9) The type of license required for each school position.
(10) The size requirements for an elementary school requiring a
licensed principal.
(11) Any other related matters.
The department shall establish at least one (1) system for renewing a
teaching license that does not require a graduate degree.
(c) This subsection does not apply to an applicant for a substitute
teacher license. After June 30, 2007, the department may not issue an
initial teaching practitioner license at any grade level to an applicant
for an initial teaching practitioner license unless the applicant shows
evidence that the applicant:
(1) has successfully completed training approved by the
department in:
(A) cardiopulmonary resuscitation that includes a test
demonstration on a mannequin;
(B) removing a foreign body causing an obstruction in an
airway; and
(C) the Heimlich maneuver;
(2) holds a valid certification in each of the procedures described
in subdivision (1) issued by:
(A) the American Red Cross;
(B) the American Heart Association; or
(C) a comparable organization or institution approved by the
advisory board; or
(3) has physical limitations that make it impracticable for the
applicant to complete a course or certification described in
subdivision (1) or (2).
(d) The department shall periodically publish bulletins regarding:
(1) the details described in subsection (b);
(2) information on the types of licenses issued;
(3) the rules governing the issuance of each type of license; and
(4) other similar matters.

JULY 1, 2011]: Sec. 8. (a) This section applies when a prosecuting
attorney knows that a licensed employee of a public school or a
nonpublic school has been convicted of an offense listed in subsection
(c). The prosecuting attorney shall immediately give written notice of
the conviction to the following:
(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent of
the school corporation that employs the licensed employee or the
equivalent authority if a nonpublic school employs the licensed
employee.
(3) The presiding officer of the governing body of the school
corporation that employs the licensed employee, if the convicted
licensed employee is the superintendent of the school corporation.
(b) The superintendent of a school corporation, presiding officer of
the governing body, or equivalent authority for a nonpublic school shall
immediately notify the state superintendent when the individual knows
that a current or former licensed employee of the public school or
nonpublic school has been convicted of an offense listed in subsection
(c), or when the governing body or equivalent authority for a nonpublic
school takes any final action in relation to an employee who engaged
in any offense listed in subsection (c).
(c) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of any of the following felonies:
(1) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age.
(2) Criminal confinement (IC 35-42-3-3), if the victim is less than
eighteen (18) years of age.
(3) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age.
(4) Criminal deviate conduct (IC 35-42-4-2), if the victim is less
than eighteen (18) years of age.
(5) Child molesting (IC 35-42-4-3).
(6) Child exploitation (IC 35-42-4-4(b)).
(7) Vicarious sexual gratification (IC 35-42-4-5).
(8) Child solicitation (IC 35-42-4-6).
(9) Child seduction (IC 35-42-4-7).
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
(12) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).

(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(15) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, or hashish
(IC 35-48-4-10(b)).
(19) Possession of child pornography (IC 35-42-4-4(c)). (20) Homicide (IC 35-42-1). (d) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of a federal offense or an
offense in another state that is comparable to a felony listed in
subsection (c).(d) (e) A license may be suspended by the state superintendent as
specified in IC 20-28-7-7.(e) (f) The department shall develop a data base of information on
school corporation employees who have been reported to the
department under this section.

SOURCE: IC 20-28-5-11; (11)IN0001.1.25. -->
SECTION 25. IC 20-28-5-11, AS ADDED BY P.L.246-2005,
SECTION 162, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 11. (a) This section does not apply
to an individual who, on September 1, 1985, has earned more than the
equivalent of twelve (12) semester hours of graduate credit.
(b) The department may not renew the junior high/middle school or
secondary education license of a teacher on the basis of the teacher
obtaining a graduate degree unless the teacher completes at least the
equivalent of eighteen (18) semester hours beyond the teacher's
undergraduate degree in any combination of courses in the teacher's
major, minor, primary, supporting, or endorsement areas. The semester
hours may include graduate hours or undergraduate hours, or both, as
determined by the department.
(c) The advisory state board may:
(1) adopt rules under IC 4-22-2 to create exceptions to the
requirements under subsection (b); and
(2) waive the requirements under subsection (b) on an individual
basis.

apply to an individual who held an Indiana limited,reciprocal, or
standard teachinglicense on June 30, 1985.
(b) The department may not grant an initial standard practitioner
license to an individual unless the individual has demonstrated
proficiency in the following areas on a written examination or through
other procedures prescribed by the department:
(1) Basic reading, writing, and mathematics.
(2) Pedagogy.
(3) Knowledge of the areas in which the individual is required to
have a license to teach.
(4) If the individual is seeking to be licensed as an elementary
school teacher, comprehensive scientifically based reading
instruction skills, including:
(A) phonemic awareness; and
(B) phonics instruction; (C) fluency;
(D) vocabulary; and
(E) comprehension.
(c) An individual's license examination score may not be disclosed
by the department without the individual's consent unless specifically
required by state or federal statute or court order.
(d) The advisory state board shall adopt rules under IC 4-22-2 to do
the following:
(1) Adopt, validate, and implement the examination or other
procedures required by subsection (b).
(2) Establish examination scores indicating proficiency.
(3) Otherwise carry out the purposes of this section.
(e) The state board shall adopt rules under IC 4-22-2 establishing
the conditions under which the requirements of this section may be
waived for an individual holding a valid teacher's license issued by
another state.

SOURCE: IC 20-28-5-13; (11)IN0001.1.27. -->
SECTION 27. IC 20-28-5-13, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 13. (a) This section applies to an examination
required for teacher licensure under this chapter.
(b) If an individual does not demonstrate the level of proficiency
required to receive a license on all or a part of an examination, the
examination's scorer must provide the individual with the individual's
test scores. includingsubscoresforeachareatested.

SOURCE: IC 20-28-5-14; (11)IN0001.1.28. -->
SECTION 28. IC 20-28-5-14, AS ADDED BY P.L.246-2005,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 14. If the department is notified by

the department of state revenue that an individual is on the most recent
tax warrant list, the department may not grant aninitialstandard a
license to the individual until:
(1) the individual provides the department with a statement from
the department of state revenue indicating that the individual's
delinquent tax liability has been satisfied; or
(2) the department receives a notice from the commissioner of the
department of state revenue under IC 6-8.1-8-2(k).

SOURCE: IC 20-28-7-1; (11)IN0001.1.29. -->
SECTION 29. IC 20-28-7-1, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) An indefinite contract with a permanent
teacher may be canceled in the manner specified in sections 3 through
5 of this chapter only for one (1) or more of the following grounds:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the
state school laws or reasonable rules prescribed for the
government of the school corporation.
(3) Neglect of duty.
(4) Incompetence, including receiving:
(A) an ineffective designation on a performance evaluation
under IC 20-28-11.5 for more than one (1) year;
(B) two (2) consecutive improvement necessary ratings; or
(C) three (3) or more ineffective or improvement necessary
ratings in any five (5) year period.
(5) Justifiable decrease in the number of teaching positions.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good and just cause.
When the cause of cancellation is a ground set forth in subdivision (1),
(2), or (6), the cancellation is effective immediately. When the cause
of cancellation is a ground set forth in subdivision (3), (4), (5), or (7),
the cancellation is effective at the end of the school term following the
cancellation.
(b) An indefinite contract may not be canceled for political or
personal reasons.

SOURCE: IC 20-28-7-2; (11)IN0001.1.30. -->
SECTION 30. IC 20-28-7-2, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. (a) An indefinite contract with a semipermanent
teacher may be canceled in the manner specified in sections 3 through
5 of this chapter only for one (1) or more of the following grounds:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the
state school laws or reasonable rules prescribed for the

government of the school corporation.
(3) Neglect of duty.
(4) Substantial inability to perform teaching duties, including
receiving:
(A) an ineffective designation on a performance evaluation
under IC 20-28-11.5 for more than one (1) year;
(B) two (2) consecutive improvement necessary ratings; or
(C) three (3) or more ineffective or improvement necessary
ratings in any five (5) year period.
(5) Justifiable decrease in the number of teaching positions.
(6) Good and just cause.
(7) The cancellation is in the best interest of the school
corporation.
(8) A conviction for an offense listed in IC 20-28-5-8(c).
(b) An indefinite contract with a semipermanent teacher may not be
canceled for political or personal reasons.
(c) Before the cancellation of a semipermanent teacher's indefinite
contract, the principal of the school at which the teacher teaches must
provide the teacher with a written evaluation of the teacher's
performance before January 1 of each year. Upon the request of a
semipermanent teacher, delivered in writing to the principal not later
than thirty (30) days after the teacher receives the evaluation required
by this section, the principal must provide the teacher with an
additional written evaluation.

SOURCE: IC 20-28-9-1; (11)IN0001.1.31. -->
SECTION 31. IC 20-28-9-1, AS ADDED BY P.L.246-2005,
SECTION 165, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Ateacher'sminimumsalaryeachschoolyearmustbecomputedbasedontheteacher'seducation,experience,anddegreecompletedasoftheteacher'sfirstdayofservice.(b)Ifateacherislicensedbythedepartmenton:(1)thefirstdayofserviceinthecurrentschoolyear;or(2)anotherdateasagreedbytheschoolemployerandtheexclusiverepresentativeunderIC20-29;theteacher'sminimumsalaryiscomputedundersection2ofthischapter. A local salary schedule that is effective after June 30, 2012,
may not include provisions that have the effect of providing
additional compensation to a teacher based upon the teacher's
attainment of additional degrees or graduate credit hours beyond
the requirements for employment. Compensation that would
otherwise have been allocated for the attainment of additional
degrees or graduate credit hours shall be allocated for

compensation based on the criteria in subsection (c).
(b) This subsection takes effect July 1, 2012, or upon the
expiration of a contract in existence on July 1, 2011, whichever is
earlier. A salary increase for a teacher employed by a school
corporation on or after the date this subsection takes effect must
be based primarily on student academic performance, and may not
be based on years of experience or the attainment of additional
degrees or graduate credit hours beyond the requirements for
employment.
(c) A local salary scale must be based upon a combination of the
following factors:
(1) The number of years of a teacher's experience. This factor
may not account for more than thirty-three percent (33%) of
the calculation used to determine a teacher's salary, raise, or
increment.
(2) The results of an evaluation conducted under
IC 20-28-11.5.
(3) The assignment of instructional leadership roles, including
the responsibility for conducting evaluations under
IC 20-28-11.5.
(4) Whether the teacher is rated effective or highly effective,
or is teaching in a high priority subject area or grade level
based on the academic needs of students in the school
corporation.
(d) A teacher rated ineffective or improvement necessary under
IC 20-28-11.5 may not receive any raise or increment for the
following year if the teacher's employment contract is continued.
The amount that would otherwise have been allocated for the
salary increase of teachers rated ineffective or improvement
necessary shall be allocated for compensation of all teachers rated
effective and highly effective based on the criteria in subsection (c).
(e) Not later than January 31, 2012, the department shall
publish a model salary schedule that a school corporation may
adopt.
(f) After June 30, 2012, at any time the state board of accounts
may require a school corporation that is subject to this chapter to
submit the school corporation's local salary schedule to determine
compliance with this section. If a school corporation is found to be
out of compliance with this section:
(1) the state board of accounts shall report the noncompliance
to the state board; and
(2) the state board shall take appropriate action to ensure

compliance.

SOURCE: IC 20-28-11.5; (11)IN0001.1.32. -->
SECTION 32. IC 20-28-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Chapter 11.5. Staff Performance Evaluations
Sec. 1. As used in this chapter, "evaluator" means an individual
who conducts a staff performance evaluation. The term includes a
teacher who:
(1) has clearly demonstrated a record of effective teaching
over several years; and
(2) is approved by the principal as qualified to evaluate under
the plan.
Sec. 2. As used in the chapter, "plan" refers to a staff
performance evaluation plan developed under this chapter.
Sec. 3. As used in this chapter, "school corporation" includes:
(1) a school corporation;
(2) a charter school, including a virtual charter school under
IC 20-24-7-13;
(3) a school created by an interlocal agreement under
IC 36-1-7;
(4) a special education cooperative under IC 20-35-5; and
(5) a joint career and technical education program created
under IC 20-37-1.
Sec. 4. (a) Each school corporation shall develop a plan for
annual performance evaluations for each certificated employee (as
defined in IC 20-29-2-4). A school corporation shall implement the
plan beginning with the 2012-2013 school year.
(b) A plan must include the following components:
(1) Performance evaluations for all certificated employees,
conducted at least annually.
(2) Objective measures of student achievement and growth to
significantly inform the evaluation. The objective measures
must include:
(A) student assessment results for certificated employees
whose responsibilities include instruction in subjects
measured in statewide assessments; and
(B) methods for assessing student growth for certificated
employees who do not teach in areas measured by
statewide assessments.
(3) An annual designation of each certificated employee in one
(1) of the following rating categories:
(A) Highly effective.
(B) Effective.
(C) Improvement necessary.
(D) Ineffective.
(4) An explanation of the evaluator's recommendations for
improvement, and the time in which improvement is expected.
(5) A provision that a teacher who negatively affects student
achievement and growth cannot receive a rating of highly
effective or effective.
(c) The plan, including the criteria for each rating category,
must be made available to all certificated employees before the
evaluations are conducted.
(d) Upon the request of a certificated employee being evaluated,
the evaluator shall discuss the evaluation with the certificated
employee before the evaluation is conducted.
Sec. 5. (a) The superintendent or equivalent authority may
provide for evaluations to be conducted by an external provider.
(b) An individual may evaluate a certificated employee only if
the individual has received training and support in evaluation
skills.
Sec. 6. (a) A copy of the completed evaluation, including any
documentation related to the evaluation, must be provided to a
certificated employee not later than seven (7) days after the
evaluation is conducted.
(b) If a certificated employee receives a rating of ineffective or
improvement necessary, the evaluator and the certificated
employee shall develop a remediation plan of not more than ninety
(90) days in length to correct the deficiencies noted in the
certificated employee's evaluation. The remediation plan must
require the use of the certificated employee's license renewal
credits in professional development activities intended to help the
certificated employee achieve an effective rating on the next
performance evaluation. If the principal did not conduct the
performance evaluation, the principal may direct the use of the
certificated employee's license renewal credits under this
subsection.
Sec. 7. (a) To implement this chapter, the state board shall do
the following:
(1) Before January 31, 2012, adopt rules under IC 4-22-2 that
establish:
(A) the criteria that define each of the four categories of
teacher ratings under section 4(b)(3) of this chapter;
(B) the measures to be used to determine student academic

achievement and growth under section 4(b)(2) of this
chapter;
(C) standards that define actions that constitute a negative
impact on student achievement; and
(D) an acceptable standard for training evaluators.
(2) Before January 31, 2012, work with the department to
develop a model plan and release it to school corporations.
Subsequent versions of the model plan that contain
substantive changes must be provided to school corporations.
(3) Work with the department to enure the availability of
ongoing training on the use of the performance evaluation to
ensure that all evaluators and certificated employees have
access to information on the plan, the plan's implementation,
and this chapter.
(b) The state board may, at any time before, on, or after July 1,
2012, require a school corporation to obtain the state board's
approval before implementing a staff performance evaluation plan.
A school corporation may adopt the model plan without the state
board's approval. A school corporation may modify the model plan
or develop the school corporation's own plan, if the modified or
developed plan meets the criteria established under this chapter.
Sec. 8. (a) Before August 1 of each year, each school corporation
shall provide the results of the staff performance evaluations,
including the number of certificated employees placed in each
performance category, to the department. The results provided
may not include the names or any other personally identifiable
information regarding certificated employees.
(b) Before September 1 of each year, the department shall
publish the results of staff performance evaluations by:
(1) certificated employees of each school and school
corporation; and
(2) graduates of each teacher preparation program in
Indiana.

SOURCE: IC 20-31-4-6; (11)IN0001.1.33. -->
SECTION 33. IC 20-31-4-6, AS ADDED BY P.L.1-2005,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. The department shall determine whether the
school has complied with the following legal standards for
accreditation:
(1) Health and safety requirements.(2)Minimumtimerequirementsforschoolactivity.(3)Staff-studentratiorequirements.(4) (2) Curriculum offerings.
(5) (3) Development and implementation of a staff evaluation
plan under IC20-28-11. IC 20-28-11.5.(6) (4) Completion of a school improvement plan that: that
complies with requirements developed by the state board and:(A)analyzesthestrengthsandweaknessesoftheschool;(B)outlinesgoalsoftheschoolcommunitytowhichschoolimprovementactivitieswillbedirected;and(C)identifiesobjectivesoftheschoolandprogramsdesignedtoachievethoseobjectives. (A) focuses on academic performance; and (B) is consistent with metrics for improvement.

SOURCE: IC 20-33-2-35; (11)IN0001.1.34. -->
SECTION 34. IC 20-33-2-35, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 35. If the governing body of a school corporation
elects not to appoint an attendance officer under section 31 of this
chapter or an appointing authority elects not to appoint an attendance
officer under section 33 of this chapter, the superintendent shall serve
as an ex officio attendance officer. A superintendent acting in this
capacity may designate one (1) or more teachers school employees as
assistant attendance officers. These assistant attendance officers shall
act under the superintendent's direction and perform the duties the
superintendent assigns. Ex officio attendance officers and assistant
attendance officers appointed under this section shall receive no
additional compensation for performing attendance services.

SOURCE: IC 20-33-2-42; (11)IN0001.1.35. -->
SECTION 35. IC 20-33-2-42, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 42. The state superintendent shall:
(1) prescribe duties for the state attendance officer not provided
by law;(2)fixqualificationsforlocalattendanceofficers;(3) (2) design and require use of a system of attendance reports,
records, and forms necessary for the enforcement of this chapter;
and(4) (3) perform all other duties necessary for the complete
enforcement of this chapter.
SECTION 36. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 20-25-13-1; IC 20-28-1-1.5; IC 20-28-2-2;
IC 20-28-2-3; IC 20-28-2-4; IC 20-28-2-5; IC 20-28-11.